Albany County District Attorney’s Statement Misleading at Best

The Albany Count District Attorneys statement and those of the other DA’s who filed an Amicus Brief in support of the District of Columbia’s thirty-one year old gun ban is disingenuous at best(http://www.timesunion.com/AspStories/story.asp?storyID=654553). If the SCOTUS re- affirms the 2nd Amendment as an individual right it will have no effect on the prosecution of criminals in possession of a weapon. If anyone doubts this statement please check out section 265 of the NYS Penal Code. Section 265 gives the DA’s all they need to put felons with guns behind bars if they really want to!

(PEN – Penal Article 265 – FIREARMS AND OTHER DANGEROUS WEAPONS265.00 – Definitions.265.01 – Criminal possession of a weapon in the fourth degree.265.02 – Criminal possession of a weapon in the third degree.265.03 – Criminal possession of a weapon in the second degree.265.04 – Criminal possession of a weapon in the first degree.265.05 – Unlawful possession of weapons by persons under sixteen.265.06 – Unlawful possession of a weapon upon school grounds.265.08 – Criminal use of a firearm in the second degree.265.09 – Criminal use of a firearm in the first degree.265.10 – Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.265.11 – Criminal sale of a firearm in the third degree.265.12 – Criminal sale of a firearm in the second degree.265.13 – Criminal sale of a firearm in the first degree.265.14 – Criminal sale of a firearm with the aid of a minor.265.15 – Presumptions of possession, unlawful intent and defacement.265.16 – Criminal sale of a firearm to a minor.265.17 – Criminal purchase of a weapon.265.20 – Exemptions.265.25 – Certain wounds to be reported.265.26 – Burn injury and wounds to be reported.265.30 – Certain convictions to be reported.265.35 – Prohibited use of weapons.265.40 – Purchase of rifles and/or shotguns in contiguous states

Ask Mr. Soares how many gun convictions he has had since taking office. Then ask how many gun charges he has bargained away. I have heard too many times from the Albany DA and other anti-gun DA’s across the state that “we bargain away the gun charges to get information or move further up the chain of a drug organization”. Bull, if you want the real answer ask the Cops on the street what happens to the gun charges they bring to the DA’s.

While you are asking these questions also ask the DA’s and especially Mr. Soares; why they are arresting and prosecuting lawful gun owners who are traveling through NY State’s airports legally and are protected by the the Federal Firearm Owners Protection Act?

A prediction: During the course of the next 12 to 24 months there is going to be a sharp rise in the rate of violent crime in New York State and, of course, it will be blamed on guns and gun owners. The real cause will be the huge increase of violent felons being released through early parole ( read Times Union story).

Ladies and Gentlemen; gun laws do not keep felons from committing crimes with guns, jail keeps felons from committing crimes with guns.